The LDT Bulletin is one way we are increasing communication between the City and our customers. These bulletins will also be located in our lobby area at 630 Garden Street.
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Advisory Regarding Tenant Displacement Assistance Ordinance (TDAO)
The City is experiencing an increase in project applications subject to the Tenant Displacement Assistance Ordinance (TDAO). This bulletin is intended to clarify the tenant notification requirement as well as what constitutes displacement of a tenant pursuant to the Ordinance.
The requirements of the TDAO apply when an application is filed with the City for a demolition, alteration, or change of use resulting in the elimination of a residential unit, and causing the displacement of a tenant. An application includes design review (ABR, HLC, and SFDB), Staff Hearing Officer or Planning Commission, Building Permit, or Demolition Permit.
The TDAO requires applicants to notify all tenants on the property that an application will be filed with the City via a Notice of Intent to File an Application. This notice must be delivered to every tenant household on the property at least sixty (60) days before the application is filed. Evidence of compliance with this requirement must be submitted to the City in order for the application to be accepted. To facilitate this notification, a sample of the Notice of Intent to File an Application has been prepared by the City.
If you intend to submit an application for a project that will result in the elimination of a rental unit you are encouraged to notify your tenants as soon as possible. The Ordinance (SBMC §28.89.100) defines displacement as any of the following:
The demolition of any rental unit on the lot,
The alteration of any structure on the lot in a manner that requires a permit from the City and which reduces the number of rental units on the lot,
The conversion of a single residential unit to a condominium unit, or
A change of use of real property from a residential use to a non-residential use that requires a permit from the City.
A displacement excludes the following:
A condominium conversion regulated and processed pursuant to SBMC Chapter 28.88,
A conversion of any portion of a mobilehome park or a permanent recreational vehicle park regulated and processed pursuant to SBMC Chapter 28.78,
A property owner’s compliance with an enforcement order of the City Building Official for which the property owner has been ordered to pay relocation expenses pursuant to Health and Safety Code section 17980.7 or any other state or federal law,
A vacation of a rental unit resulting from the damage or destruction of the unit which is caused by a natural disaster,
Please be advised that projects which are eliminating rental units, but still result in a net increase of residential units, are subject to the TDAO. The purpose of the TDAO is to mitigate the social and economic impacts experienced by residents of rental housing who are displaced from their residences due to a demolition, remodel, or conversion of a rental unit. Change of use from a residential use to a non-residential use is also subject to the TDAO.
To view the Tenant Displacement Assistance Ordinance, please click here. For additional information, please contact Irma Unzueta, Project Planner at email@example.com.